Bill Text: NY A04318 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A04318 Detail]

Download: New_York-2013-A04318-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4318
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2013
                                      ___________
       Introduced  by  M.  of  A.  DINOWITZ, PAULIN, STEVENSON, MILLMAN, GALEF,
         GIBSON, STECK, MAISEL, ROBERTS, COOK -- Multi-Sponsored by -- M. of A.
         BOYLAND, GOTTFRIED, HEASTIE, HIKIND, QUART, ROSENTHAL -- read once and
         referred to the Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in  relation  to  requirements
         for rebates provided by retailers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  391-s to read as follows:
    3    S 391-S. REBATES. 1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING
    4  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A)  "REBATE"  SHALL  MEAN  THE  RETURN  TO A PURCHASER OF ANY GOOD OR
    6  SERVICE OF ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE-
    7  TARY AMOUNT;
    8    (B) "MANUFACTURER'S REBATE" SHALL MEAN A REBATE ADVERTISED OR  OFFERED
    9  BY  OR  ON BEHALF OF A MANUFACTURER RETURNING TO A PURCHASER OF ANY GOOD
   10  OR SERVICE ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE-
   11  TARY AMOUNT.
   12    2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND RESPONSIBLE FOR  THE
   13  FINANCING OF SUCH REBATE SHALL REMIT SUCH REBATE TO THE PURCHASER AT THE
   14  TIME  OF  RETAIL  PURCHASE  OF  THE  GOOD OR SERVICE TO WHICH THE REBATE
   15  APPLIES.
   16    3. THE RETAIL ESTABLISHMENT SHALL DETERMINE AND DISCLOSE IN ANY ADVER-
   17  TISEMENT OF THE REBATE THE METHOD BY WHICH THE REBATE SHALL BE  REMITTED
   18  TO THE PURCHASER.
   19    4.  THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
   20  NOT APPLY WHEN A REBATE IS A MANUFACTURER'S REBATE AND IS ADVERTISED  OR
   21  OTHERWISE DISCLOSED CONSPICUOUSLY AS SUCH.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04134-01-3
       A. 4318                             2
    1    5.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
    2  VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE HUNDRED
    3  DOLLARS FOR EACH SUCH VIOLATION.
    4    S  2.  This  act  shall  take  effect  on  the first of September next
    5  succeeding the date on which it shall have become a law.